By: Morrison (Senate Sponsor - Zaffirini) H.B. No. 3827
         (In the Senate - Received from the House May 3, 2007;
  May 7, 2007, read first time and referred to Committee on State
  Affairs; May 14, 2007, reported adversely, with favorable
  Committee Substitute by the following vote:  Yeas 9, Nays 0;
  May 14, 2007, sent to printer.)
 
  COMMITTEE SUBSTITUTE FOR H.B. No. 3827 By:  Lucio
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  relating to the authority of the governing board of a junior college
  district to hold an open or closed meeting by telephone conference
  call.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter F, Chapter 551, Government Code, is
  amended by adding Section 551.122 to read as follows:
         Sec. 551.122.  GOVERNING BOARD OF JUNIOR COLLEGE DISTRICT:
  QUORUM PRESENT AT ONE LOCATION.  (a) This chapter does not prohibit
  the governing board of a junior college district from holding an
  open or closed meeting by telephone conference call.
         (b)  A meeting held by telephone conference call authorized
  by this section may be held only if a quorum of the governing board
  is physically present at the location where meetings of the board
  are usually held.
         (c)  The telephone conference call meeting is subject to the
  notice requirements applicable to other meetings.
         (d)  Each part of the telephone conference call meeting that
  is required to be open to the public shall be audible to the public
  at the location where the quorum is present and shall be
  tape-recorded. The tape recording shall be made available to the
  public.
         (e)  The location of the meeting shall provide two-way
  communication during the entire telephone conference call meeting,
  and the identification of each party to the telephone conference
  shall be clearly stated before the party speaks.
         (f)  The authority provided by this section is in addition to
  the authority provided by Section 551.121.
         (g)  A member of a governing board of a junior college
  district who participates in a board meeting by telephone
  conference call but is not physically present at the location of the
  meeting is considered to be absent from the meeting for purposes of
  Section 130.0845, Education Code.
         SECTION 2.  The heading to Section 551.121, Government Code,
  is amended to read as follows:
         Sec. 551.121.  GOVERNING BOARD OF INSTITUTION OF HIGHER
  EDUCATION; BOARD FOR LEASE OF UNIVERSITY LANDS: SPECIAL MEETING FOR
  IMMEDIATE ACTION.
         SECTION 3.  Section 551.121(c), Government Code, is amended
  to read as follows:
         (c)  A meeting held by telephone conference call authorized
  by this section may be held only if:
               (1)  the meeting is a special called meeting and
  immediate action is required; and
               (2)  the convening at one location of a quorum of the
  governing board or Board for Lease of University Lands is difficult
  or impossible.
         SECTION 4.  The change in law made by this Act applies only
  to a meeting of the governing board of a junior college district for
  which notice is given under Chapter 551, Government Code, on or
  after the effective date of this Act.
         SECTION 5.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution.  If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2007.
 
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